§ 53-13-10. User’s Direction on Disclosures
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure […]
§ 53-13-11. Modification to Existing Rights
This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose […]
§ 53-13-12. Custodian Rights; Administrative Charges; Disclosure of Deleted Assets; Court Order
When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: Grant a fiduciary or designated recipient full access to the user’s account; Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; […]
§ 53-13-13. Deceased Giving Consent or Court Order for Disclosure by Custodian to Personal Representative
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: A written request […]
§ 53-13-14. Custodian’s Disclosure of Catalogue of Electronic Communications; Circumstances
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal […]
§ 53-13-15. Custodian’s Disclosure Under Power of Attorney
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: A written request for disclosure in […]
§ 53-13-16. Disclosures by Custodians to Agents
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other […]
§ 53-13-17. Disclosure by Custodians to Trustees
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. History. Code 1981, § 53-13-17 […]
§ 53-13-18. Trustee’s Requirements for Disclosure by Custodian
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the […]
§ 53-13-19. Disclosure to Trustee of Electronic Communications
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an […]